McKee v. Bright & Powell CA2/6

Filed 11/30/15 McKee v. Bright & Powell CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

JONATHAN MCKEE, 2d Civil No. B261901 (Super. Ct. No. 1467044) Plaintiff and Appellant, (Santa Barbara County)

v.

BRIGHT & POWELL et al.,

Defendant and Respondent.

Jonathan McKee is suing his ex-landlord for damages and appeals from an order denying him leave to add an attorney-client civil conspiracy claim against the landlord's attorney, respondents Bright & Powell and Gary M. Bright. (Civ. Code, § 1 1714.10, subds. (a) & (d).) Appellant contends that respondents conspired with their client to wrongfully evict appellant after he complained about bedbugs in his rental unit. The trial court found that the conspiracy claim was barred by the litigation privilege (§ 47, subd. (b)) and there was no reasonable probability that appellant would prevail on the claim as required by section 1714.10, subdivision (a).) We affirm.

1 All statutory references are to the Civil Code unless otherwise stated.

Facts and Procedural History Bernard Jones and Judith Jones own a condominium at 5985 Hickory Street, Carpinteria and rented the property to appellant in December 2013. Jones decided to terminate the tenancy after appellant was late on his rent and failed to sign the lease agreement. Jones retained respondents/attorneys to serve a 2 30-day notice of termination and bring an unlawful detainer action. (Santa Barbara Super. Ct., Case No. 1467510.) On May 9, 2014, a month before the unlawful detainer complaint was filed, appellant sued Jones and respondents for promissory estoppel, infliction of emotional distress, civil conspiracy, breach of implied warrant of habitability, and injunctive relief. The complaint alleged that respondents conspired with Jones to evict appellant after appellant complained about bedbugs and insect bites. On July 14, 2014, the trial court sustained, without leave to amend, respondents' demurrer to the conspiracy cause of action (third cause of action) on the ground that appellant had not complied with section 1714.10 and obtained a pre-filing order to sue for civil conspiracy. (See § 1714.10, subd. (b) [failure to obtain such an order may be raised by demurrer or motion to strike]; Berg & Berg Enterprises, LLC v. Sherwood Partners, Inc. (2005) 131 Cal.App.4th 802, 816.) After the trial court sustained the demurrer without leave to amend as to all parties, appellant filed a first amended complaint for breach of contract, intentional infliction of emotional distress, and breach of implied warranty of habitability. On August 4, 2014, the trial court granted respondents' special motion to strike (Code Civ. Proc., § 425.16) on the ground that the first amended complaint was barred by the litigation privilege. (§ 47, subd. (b).)